Vidor parents sue Chuck E. Cheese's for $1M

Updated 5:54 pm, Monday, October 28, 2013

(YouTube video shows a child playing the Vortex V3 game)

A Vidor family is suing popular children's birthday destination Chuck E. Cheese's for not supplying a manual or adult supervision for an arcade game that they allege injured their daughter, according to a lawsuit filed last week.

Glenn McWherter and Melinda McWherter say their then-8-year-old daughter was hurt in November 2011 when she pulled a helmet and gun mechanism from the Vortex V3 arcade game down onto her head. The family was attending a birthday party at the Beaumont Chuck E. Cheese's location at the time.

The family said in their lawsuit that the child still suffers from migraine headaches and was diagnosed with post-concussion syndrome at the time of the incident. The injury and symptoms still persist two years later, they say in the suit.

The family said they should have been able to read a 34-page owner's manual that comes with the game before using it. The manual states it should be near the game for reference at all times. You can read the manual here.

The McWherters are seeking monetary relief of over $1 million in the suit, which would be held for their daughter until the age of 18.

Photo: Bobby Coker, KRT

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No kid-friendly menu is complete without Chuck E. Cheese, and they offer oven-roasted sandwiches and a large salad bar.

No kid-friendly menu is complete without Chuck E. Cheese, and they offer oven-roasted sandwiches and a large salad bar.

Photo: Bobby Coker, KRT

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The chain's Chuck E. Cheese character recently slimmed down and is now brandishing a guitar.

The chain's Chuck E. Cheese character recently slimmed down and is now brandishing a guitar.

Photo: CEC Entertainment Inc

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A child celebrates his birthday at Chuck E. Cheese's.

A child celebrates his birthday at Chuck E. Cheese's.

Photo: Karen Warren, Chronicle

Vidor parents sue Chuck E. Cheese's for $1M

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The lawyer for the McWherters, Darrell Minton, claims the pizza place doesn't offer adequate adult supervision in their gaming areas. The content of the Vortex V3 game isn't exactly kid-friendly either, Minton said.

"We still have young children who believe in animatronic bears and mice. These kids are being exposed to violent war video games with blood, guts, and gore," said Minton from his law office in Vidor.

The suit states that Chuck E. Cheese's should have had age restrictions on violent games like Vortex V3 and should have an attendant on hand to enforce those restrictions.

Chuck E. Cheese's declined to comment on the suit.

"We cannot comment on this incident since there is pending litigation," says Michelle Chism, director of corporate communications for Chuck E. Cheese's, which is based in Irving, Texas.